BUILDING ACT 2004 - SECT 75 Decision on s 74 application

BUILDING ACT 2004 - SECT 75

    (1)     On receiving an application under section 74, the construction occupations registrar must—

        (a)     if satisfied that the building complies with subsection (2)—issue a certificate ("certificate of regularisation") that the building is fit for occupation if each part of it is used only for the purpose stated in the certificate; or

        (b)     in any other case—refuse to issue the certificate.

    (2)     The building complies with this subsection if—

        (a)     it is structurally sound and can withstand the loadings likely to arise from its expected use; and

        (b)     contains reasonable provision for—

              (i)     the safety of people likely to be in the building if there is a fire, including the provision of adequate facilities for leaving the building; and

              (ii)     the prevention and suppression of fire; and

              (iii)     the prevention of the spread of fire.

    (3)     To decide whether the building complies with subsection (2), the construction occupations registrar—

        (a)     may require the applicant to provide a written statement by a qualified licensed construction practitioner that deals with the matters mentioned in subsection (2) (a) and (b), or such of the matters as the registrar states; and

        (b)     may consider the statement.

    (4)     In this section:

"qualified licensed construction practitioner" means an entity that—

        (a)     is licensed under the Construction Occupations (Licensing) Act 2004

; and

        (b)     in the construction occupations registrar's opinion, has sufficient expertise to provide a statement under subsection (3) that would help the registrar to decide whether the building complies with subsection (2).